Re: Hi I am a newby and would appreciate some help
Have you thought bout applying for a Variation Order? Have you checked to see if the Writ has been renewed?
Originally posted by birdman
View Post
Hi Ploddertom
I went to my local court this morning and found them completely unhelpful, and worse had know knowledge and even disputed what I was trying to do until the penny dropped with a senior member of staff. They are insistent that I pay the fees up front, or jump through all their hoops, meanwhile action would continue.
Is your local County Court also a District Registry of the High Court? A lot of the smaller County Courts don't see these applications very often so are stumped by them whereas many of the inner city Courts deal with them on a daily basis. Providing you complied with all the relevant details for applying for Fee Remission then they were out of ordertelling you to pay in full.
Could you clarify for me the validity of the levy they claim to have, your earlier post said this may be a Global levy. At first I had assumed this was what you had inferred but obviously Marstons are relying on what they did on their first visit - see further below on this.
Bailiff gained access to my home while I was not there, but was let in by responsible adult. (24.12.11) No argument with this
He made a list of asset's (10 number) without our knowledge - Did he leave a Notice of Seizure at the time, I believe fromwhat you said previously he did not and this only came tolight on the visit made 5/10/12
He left without giving us a copy or signing anything or any guidance on what to do with these items. As above
Non of these asset's belong to me, they have been told. Was this done in writing?
We were unaware of this list until almost a year later 05.10.12 How many visits did they make between 24/12/11 & 5/10/12?
We have an undated "form 55" which states in hand writing "goods as stated in the Marstons Group Ltd inventory" we do not know when we received this. This probably refers to the visit and supposed seizure made on 24/12/11
A subsequent letter states that the list of goods seized is not exhaustive. I suspect this is because the seizure made is for goods of little value and they are reserving the right to come back for more.
I keep hearing about a statutory declaration that can be sworn that no items in this house save for my personal items, clothing etc, has this merit. It does but in your position it should be reversed and your OH should be claiming allthe possession are hers and no one elses.
My urgent concern is to prevent Marston gaining access to my partners home, I can tough it out if I have a chance. Just keep refusing them entry
Do they need an order from a magistrate to break in if I am not there. No
Birdman
I went to my local court this morning and found them completely unhelpful, and worse had know knowledge and even disputed what I was trying to do until the penny dropped with a senior member of staff. They are insistent that I pay the fees up front, or jump through all their hoops, meanwhile action would continue.
Is your local County Court also a District Registry of the High Court? A lot of the smaller County Courts don't see these applications very often so are stumped by them whereas many of the inner city Courts deal with them on a daily basis. Providing you complied with all the relevant details for applying for Fee Remission then they were out of ordertelling you to pay in full.
Could you clarify for me the validity of the levy they claim to have, your earlier post said this may be a Global levy. At first I had assumed this was what you had inferred but obviously Marstons are relying on what they did on their first visit - see further below on this.
Bailiff gained access to my home while I was not there, but was let in by responsible adult. (24.12.11) No argument with this
He made a list of asset's (10 number) without our knowledge - Did he leave a Notice of Seizure at the time, I believe fromwhat you said previously he did not and this only came tolight on the visit made 5/10/12
He left without giving us a copy or signing anything or any guidance on what to do with these items. As above
Non of these asset's belong to me, they have been told. Was this done in writing?
We were unaware of this list until almost a year later 05.10.12 How many visits did they make between 24/12/11 & 5/10/12?
We have an undated "form 55" which states in hand writing "goods as stated in the Marstons Group Ltd inventory" we do not know when we received this. This probably refers to the visit and supposed seizure made on 24/12/11
A subsequent letter states that the list of goods seized is not exhaustive. I suspect this is because the seizure made is for goods of little value and they are reserving the right to come back for more.
I keep hearing about a statutory declaration that can be sworn that no items in this house save for my personal items, clothing etc, has this merit. It does but in your position it should be reversed and your OH should be claiming allthe possession are hers and no one elses.
My urgent concern is to prevent Marston gaining access to my partners home, I can tough it out if I have a chance. Just keep refusing them entry
Do they need an order from a magistrate to break in if I am not there. No
Birdman
Comment